Lawyers, Answer Questions  & Get Points Log In
Georgia Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m suppose to pick my son at 6pm for a holiday schedule, but i leave work at 7pm. Can i pick him up at 8pm?

My court order says: K

The parties shall notify the other party within a reasonable

time (defined as not less than seventy-two (72) hours in non-

emergency situations) prior to their custodial periods of their

intent not to exercise said physical custodial periods.... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 12, 2022

Going by what you have posted and assuming that is the order, then if you give advanced notice you should be able to do so. Be sure to discuss it with the other parent so there are no conflicts

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
Read more »

View More Answers

1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for Georgia on
Q: Hi my fiance was arrested I didn't press any charges but the state did is there anyway I could get them dropped?

His charge is a misdemeanor he's recently in Jackson county jail and his bond is $1350 he broke a mirror that he gave to me

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

The State, through elected prosecutors, retains all authority when it comes to whether to pursue charges or not, unfortunately.

THAT BEING SAID, as the alleged victim you retain substantial influence over whether the State can be successful in trying to prosecute him. First off you have...
Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My wife gained physical/legal custody of her children at final divorce hearing with her ex, can I adopt her kids?

The father has been incarcerated before and found in contempt of court, doesn’t pay child support etc. We were recently married, currently live in TX but court hearing was in Georgia, she wants me to adopt but the biological father (her ex husband) will likely not want me to be able to adopt.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 12, 2022

You can file a contested adoption. You need to speak with an experienced adoption attorney who can handle this.

View More Answers

2 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: My husband received 100K from his Stepfather in form of a publicly traded company stock.

Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 10, 2022

No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: My boyfriend was arrested on cruelty to children in 3rd degree but the child was not present at all

I have text messages from the ex girl friend stating she met the police at the mother of the child's house. I have a bunch of evidence supporting that he was not there and the police were not called nobody went to jail that night it was 2 weeks later that they came to serve the warrants and he... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 6, 2022

Are you working with an attorney regarding the case? If not, he may want to retain one so that he can address this legally. Consult with an attorney who can review the facts of the case in detail and present you with the options.

2 Answers | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: What can I do to make my sisters pay me my portion of our deceased fathers home ?

my father committed suicide and my two sisters and myself are all three equally inherited the house and are on the deed but my sister refuses to give my third one of the property and she was renting it out but now she has moved into herself full time ... and at first just blowed me off and now... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

You will probably have to hire a competent GA attorney to file an action for a Sale For Partition.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I'd like to know what I need to file to get full custody of my children. I currently have joint legal custody.

My ex currently has them though he pawns them off on his parents. I had to move out of state to get away from his abuse.

my children are not being abused. However he seems to think he can tell me I can't have them. I need help. He's also claiming them on taxes even though our... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 5, 2022

You should consult with an attorney who can review the facts of the case in detail and help you with the proper course of action to address the situation. An attorney can help you seek a custody modification.

2 Answers | Asked in Family Law for Georgia on
Q: In Georgia what are unwed fathers rights if name is on birth certificate and parents split
Regina Irene Edwards
Regina Irene Edwards answered on Jan 5, 2022

An unmarried father has no rights to custody or parenting time until he files and goes through the court legitimation process. He is still required to pay child support, however.

View More Answers

2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: For a domestic violence case, if my temporary no contact order period is over, can I meet my family without a hearing?

The court says my case is closed, but I still didn't meet my family.

Joshua Schiffer
Joshua Schiffer answered on Jan 3, 2022

It is certainly a good idea to check and have backup in these situations. First off, with all of this you need to ensure you have the documents handy, as you may need them if there are issues.

Orders and sentences expire according to their terms, and when they expire they become void...
Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: In child custody cases, Do you use Private Investigators if necessary? If the child is believed to be in a bad home?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

It Depends on what the facts require. We can use a private investigator or a Guardian ad litem to see what's in the best interest of the child. There are many ways to investigate the status of the child.

We will definitely need more information on your matter.

Family law...
Read more »

1 Answer | Asked in Adoption and Family Law for Georgia on
Q: Does same sex couples have to be married to sign child birth certificate?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

The Supreme Court held that a state may not deny married same-sex parents the same right as opposite-sex parents to be listed on child’s birth certificate, see Pavan v. Smith, 2017, 137 S.Ct. 2075, 198 L.Ed.2d 636.

We will definitely need more information on your matter.

Family...
Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Can the parents legally make an emotionally and physically abused 16 (almost 17) year old stay?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

We will definitely need more information on your matter.

Family law cases can have a huge impact on virtually every aspect of your life. Whether you’re going through a divorce, a custody battle, an adoption, or any number of related situations, we will be here for you. We help people...
Read more »

1 Answer | Asked in Family Law for Georgia on
Q: If my 17 year old daughter was impregnated by a 30 year old can I press charges even when she turns 18 ?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

Ga. Code Ann. § 16-6-3...
Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: Ex was awarded sole physical custody of my daughter. Daughter is 16 and wants to come back home.

Custody awarded illegally. Ex convicted felon fostering his daughter.

Case worker social service not protective service.

Caseworker said warrant she didnt

Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Family law cases can have a huge impact on virtually every aspect of your life. Whether you’re going through a divorce, a custody battle, an adoption, or any number of related situations, we will be here for you. We help people from all walks of life and have a significant amount of experience... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Trying to save my marriage, wife put family violence and stalking restraining order. what to do?
Judith Delus Montgomery
Judith Delus Montgomery answered on Dec 23, 2021

Please get an attorney as soon as possible. If your wife already petitioned the court for a restraining order then you need to still protect yourself even if you may want to save your marriage. You have a limited time to respond to her petition and even smaller amount of time to prepare for the... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia on
Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

Joshua Schiffer
Joshua Schiffer answered on Dec 16, 2021

This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: Can a magistrate judge file a warrant for me using printed fb comments my wife printed from a fake profile she saidimade

She applied for a warrant and had printed comments from fb that she said I had made during the hearing with no proofimadeit

John Kim
John Kim answered on Dec 15, 2021

If your wife filed for a private warrant application, then you should receive notice of the hearing, where you will have an opportunity to cross-examine any witnesses, view/challenge any evidence, and defend yourself. It is very important that you attend, otherwise it is likely the Court will only... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: After initial deposit and court filing fee is received, When should a lawyer begin working on your case?
Regina Irene Edwards
Regina Irene Edwards answered on Dec 12, 2021

There is not set deadline. This is a busy time of year. Just ask the attorney when they are able to get started. They should be able to give you an answer.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.